The Sun. — London, England, 1838-11-19 00:00:00

N CERY COURT.---(THIS DAY.) The ------....--- t JUDGIIENT.—PRICE V. DEWHURST. th eisionLOßD CHANCELLOR gave judgment to-day in this telatse.,.which came before his Lordsiiip upon appeal from the of his`Honour the Vice-Chancellor. The case, lo ugh of itself of little interest except to the parties con cerned in as raisin°. . a pecuniary point of view, was of some importance law. Fro a question of general interest upon international o th na the statements of his Lordship, the short facts a iv _ e c ase appea r to be as follow The t estator in the cause, ir. Seeton, lived in St. Kitt's Island, and married in that Ctifterli' 4 rOl l ; afterwards Mr. Seeton and his wife removed to St. Danish colony, where they resided sometime, and lv,li.vards removed to this country, where . they died. h te l la at St. Croix Mr. Sector), made his will, by whic 41 2 r v e to his wife the whole of his property ;. and in Rill • a Joint will was made, varying the former "an tes ln many respects. In this state of circum her r• Seeton died, and Mrs. Seeton made her Will ha this country leaving the whole of 0 ti P e r r aP i erty to 0 , 13 , ady. her two daughters, Mrs.._ Price and The latter dying, Mrs. Price became the kft,Person entitled under the will. Part of the property t oe ° I) Y the . will consisted of a sum of money left Mr. See iist.l,, will brother, which the latter had lent to a person d e b, '''''''' a Pon,mortgage ; that individual had admitted the fil e d rd Proceeded to pay by instalments. The bill was Cou rt 1 the Plaintiff to h ave t h e d ec l arat i on o f t h e est ate , that the property passed to the plaintiff as personal iii s h f Tho defendant insisted, that according to the Da t heref or the Property was to be considered as land, and, doming r e , Passed to hiir. as the heir at law. Upon the case o l 4r , ° ,ll before the Vice-Chancellor, his Honour t th e Lw eu, that the property was personalty, and subject .l o Fro m „°f this country, and as such belonged to the p'ainti,.. Lou p "at decision the present appeal was brought. His Coo /1 8 1. 111 e' ,P was clearly of opinion, that the eal de of the 1 - below was right, and di sm i sse d th e withapp costs: LOLLS' couiIT—(THIS DAY.) _ THE The „, (INN'EIt'S COMPANY V. THE IRISH SOCIETY. to the ' a t I AsTER of the ROLLS gave judgment this morning vvi,i,4,oove case, which was argued in January last,. e e a e n u d . Pi ed t , 'tom the bulk of the pleadings, and the a tim lit e ll i e t small e ta A",;Court, might very well be termed " C ood,” of th : .„.ordship said the plaintiffs were the Company we re „6ltinners of the city of London ; the defendants lort y "le Irish Society, the Mercer's Company,. and ,00dn°tIte.,r Companies, the Corporation of the city of Jetty , -44 n Thomas Thorp, Henry Shule, and her a jelltesd t-"tt,°rneY-General. The Irish Society was repre '4ecls i °„. ue entitled to certain ferries, fisheries, and town the D O 1-Teland ; and the Bill prayed it might be declared the -,;1°463 and other Companies who contributed towards liei,i-Pense of the new plantation of Ulster were belie 4she4 ent:tled to the rents and profits of the ferries, 14 4 t h s ' . i tul town lands, subject to certain payments, and bfit s e ir ish Society were trustees of the same rents and .tlie so s ubject to the plaintiffs and the othir Companies. fic he I d t : 0 Pra • d for an account of such rents and pre ;:rttieno- the 4 p ) :rtition of the fisheries and town lands 0 Plaintiffs and the other Companies ;or if su . ch is ee' I,,,°e°llght not to be made, by a removal of the Irish 4 e ii et e )„' r etn being trustees, and that other trustees might Il liti e ;' re d , and that arrangements might be made for se atertl 4 tile plaintiff s and other Companies their due share itie nti re nts and profits. The bill then prayed for an in her,l'u, for a receiver, and for other relief. i Tap,h e :were four distinct parties whose claims had been 'Lo n ' a t° question.' First, the Companies of the City 4 re ~, en, for whom the plaintiffs insist the Irish Society tight-e° trustees, Pr e „ °' bound to account to them, and had the per k discretionary power to . apply any part of lee oll e i Vested in them to' charitable or othar purposes. i qei,l the Irish Society, who admitted they had no_ be voies' of serest, and that they were trustees for the U?rn 14t h "Y surplu s that remained after such application, Itith had a - • p ies Out , discretionary power over the balance, . 7,,-.leing liable to account to the other Compa oi • ulrdj to:d ill arterial.): ' the City of London, who resisted the 4 i s i t ° tee plaintiffs, and claimed to themselves t qce e ll r e a t Cf the Irish Power enabling them to controul the S ' ociety ; and, fourthly, the Attorney ° publ i c who in s i ste d the rents and prof i ts were app li ca bl e A, P!I r ,4t II'ngPOSCS. 1:)4 tj; could be determined between co-defendants Nis e Present occasion, the substantial question in the . i * l lls eowas, whether the Irish Society had, independently of 1 - ? e re ti lli f Pa nies, a discretionary power to apply any part of 1 - eG7s, and profits of the estate to purposes they deem! Aro to the Li eiwithreference to the plantation in aro pu ic k ikh t 4 mentioned in the pleadings. The Irish Society , kni fe be answerable to the City of London and the Com eato',B, O r to the Crown. If it was not answerable to the We t vntlies severally in this • Court, the plaintiffs e 11 their not entitled to the relief they asked k1t,411,1r bill. On the other hand if the Society had n .t o tte ' u seretionary power as they claimed, and were s . ~ sl ot .e eti i answerable to the Comparw , s severally . for all their N'„PtS and payments, the plaint! ‘sere entitled to the 11 51 asked. Their right had beendenied, and accounts T L eea refused to them. Ch ar ' Irish Society now existed under a Charter of b +a: e s the 2d, dated 10th April,. 1662. . That Charter 4 I , Pr incipally and as to most of its details, founded on 4 (1 ') re er Charter, granted by James the Ist, dated the , 'AT Vr, a +arch, 1613 ; and from the mode in wh d, ic a h h t i h s the case Ihip,stated and 'argued on all sides, it appeare t 4t s aarY to consider the eircumitances under which ' the 14 0 v dllalsrter was granted, so far as those circumstances were t 11 , 1 ?Pe%'„,„'Y the evidence in the cause. From the evidence . 1 no e a ,'-u, that in the year 1608, the greatest part of the. six F o es, Counties of Armagh, Tyrone, Derry, Coleraine, %.e,,,,ani',;•11, and Cavan, nad come into the posession of the I ; r 'to o ti ,!. a nd that James the First, being desirous of 'PI 4 "`ng the Peace and prosperity of Irelandby n ot e n of what P ' was called those unreformed and waste : t o i s tria: est,ere:dseavoured to induce English and Scotch. per t-ettSi:, emigrate thither, and conduct the plantation, under and conditions. It was plain from these t, tet ".Pl ta„°d conditions, that the King did not merely con 'ons.4 ' t he benefit of' those who should conduct the plan t' et D iti t li le col ony, as it.was called, but that he had a 4,Lire ( 4 , l3 e object as view, and in carrying that into effect ' oillro'ica'.4,eingage such . of his subjects_ of Great Britain Iklati o ", of merit, as should seek to settle on the 1 p t r i ‘ ti . ! . c e ° to ' n,e,t only , to benefit . themselves but to do 41., ' C tne Crown ; and it was desired to ap t o to Corn to settle the plantation accord- Y t i , °ue b t od ,e King. instructions as should be . given to them I) ei iestr u + 4 ; * Co mmissioners were accordingly appointed, lI I * eef or e `, l mis given to them on the 21st of July, 1609 • I)4 l ( s " ; a ' r ity eoftnLatontitdne the King undertaking, and to engage tlti,e,dertla Paper se n t tiinn th fo e rth and caused to be motves and reasons for the l e ' r ` i r . tily (4.11.12 hat pap g er set forth that his Majesty would Inch Kory of grant city of Derry, near Coleraine, but also a t f ttriderne.ve twenty miles of land, to be planted with 11 fug "'"lgs as the City of London should think fit. kilear it et forth that his Majesty would be pleased % r r.,,p,)1.4tne benefit of all the customs of l a imports, teet li et °,s. E d. 's for twenty-one years, paying ii t , 4 'llt of the according to the rate of eoronn, Loughy with the of 4i vo o i d 1,, hslieries in Lough Bann and Foyle, i n r es to' all kmvise grant licences to permit the exportation ti t d elod iL , cr things made or gown on their own lands, 4; 4 '4 ", l and commodities which the north of . Ireland i lel., °e sb e ,: nc t the sea commodities. These motives and the ° F -at. " the subject of consideration of certain mem h 4 the cor„ -44,,, 4Yo r t : - Illon Council, and precepts were issued by 4 ft er e rli 4 ,,, k : induce persons to answer them. The first a nds il s :t , been given and disallowed, .Committees were tkid4l l c.'ilDPointed by the City for their . consideration,. tit,;thei-mntnittees in their answer recited, as it was tl' °f the ,s4tisfaction as well of the honour of the action, th 4 Profieecl that would come to the City by the same ; !is t '?rt ' n 1143 likely to redound to particular adventurers LI:, ttir.,:',;l' me n should be chosen, and sent by the city to orp -e ti t r . 'ee, and make a return to the city. Under tl 'it . l , loel :l 4l.ltan ee-s, the Court of Aldermen ordered pre 'll I I th e ' e nt te the several Companies of the City, re "th et a to call tlt4 .e)' ".0111 call their members together to ascertain t he t ilb tte e , willingly venture in the same, so that the 4 1 ' e rd s " mi ght be full instructed to give an answer to f , tiot 0 1 the Council.Y !) t l, appel Precepts were issued ; but i 'Oen r,` r that course was pursued, for an order of kly 0 "t tai‘j ott neil, dated the Ist of, August following, 14 ') " s ers i f n g any notice of any willing adventurers,. or d tr; 4 st ed toi contribution, recited the Privy Council had 4 )o t t "Pe eti e ir Plea sure to divers Aldermen and Common th: ivoui(ja the plantation, and the Aldermen and Corn 'L4f.ear wisennqult about the same. It was then ordered , ll N''' Pr e and discreet citizens should, at the City's 1)( 1 . Plaotz,°eed to Ireland, and survey the place for the i tv t ' e as ~o'llmt, and report their opinion to the City. The ( „ I tel f° ,l r ti-s Pin ted to be viewers received 3001. from the t; °1" : 1 1• 11 ' I. lr at ens e 9 , and proceeded on their mission to , tie.ttie o , ,P.ared, therefore, at this time the King's 1 (1' i nto w as in treat and that the City, before . en- , L . A, an y 3 1 , 1 'e I:•tits en gagement, proceeded by Commissioners din t 'ef a ; t a their own, ' at their own expense, to ascer- I qp, I. the -5 necessary for their consideration. By an or 1 l ' i otn, ti nbe r l , Court of Aldermen, dated the 28th d b li1(}1 . 4 : (1 44 6°9 ' i t appeared the Commissioners additional ha ee 48 order made their report, and an t lii ti t '' ‘ ,. l ),cr fo ;led to be paid to them ; and on the 2d of '4 l .`" ex- °w ing, after notice that the Lords . of . the 'ios 41 that to hear the resolution of the City, it was . tt l , l e rs, , 110 4 Sir Stephen Soame, with four of the Co.mmis tv ' eta fi should meet together and advise about all circum ere , t to 111° Mak o b° remembered about the plantation, and they 11 lit it of 1- N a report to the next Common Council. On "eeember the report of the Committee was A art ere og nd ro- by ifi cat a ch ort made, and it recommended that a sum of 15,0001. should be by the Companies to meet the expenditure in the project, and that seven years' time should be given them to make such other demands as might be needful, but which could not then be foreseen. The report finally suggested that all things should be managed in London as follows :—That a Company should be constituted in London of persons to be selected for that purpose ; that corporations should be settled on the two cities of Derry and Coleraine, but that all business Concerning the same to be managed in Ireland should be conducted according to the orders from the Com pany in London. The report containing these suggestions, which was the first germ of the Irish Society, was approved of by the Common Council and the Recorder, and other officers of the City were directed to lay it before the Lords of the Council. The Lords of the Council thought 15,0001. was too small a sum, and the Common Council ordered that a sum of 5,0001. should be added, and the Committee were desired to return their former report with the addition. With this the Lords, of the Council appeared to be satisfied, and in contemplation of a final agreement measures were soon adopted for carrying the project into effect. On the 6th January, 1610, it was agreed that Sir Thos. Bennett and 22 other persons named, and the four Viewers sent from the city to Ireland to view the intended plantation, should from time to time have conference, as well among themselves as with such Commissioners as should be appointed by the Lords of the Council, and the Committee were to takeinto consideration all matters that might be proposed or mooted. Sir Thomas Bennett was appointed President of the Com mittee, and it was agreed that certain sums should be raised by a certain taxation. The Chamberlain of the City was appointed Treasurer. Precepts were on the fol lowing day issued for the purpose of carrying this arrange ment into effect.. The Lords of the Council and the Committee of the Society soon afterwards came to an agreement. Articles were drawn up and settled ; they bore date 29th January 1609-10, and were approved of by the Common Council. The Society was to perform the duties ; the City was to provide the fund, and was to have the profit. The Society was set in motion by what was called the pressure of the Crown, or the pressure of the Government. The Crown seemed to have had no nego tiation ; the Crown did not Concern itself either with the means by which the Society was to perform its un dertaking. The Companies were treated as the in struments by which the sum required should be levied. That the levies were compulsory and were enforced against reluctant parties, was shown by abundant evidence in the cause. At the same Common Council by which the agreement was approved of, it was ordered and enacted that for the better directing and effecting all things concern ing the plantation, there should be a Company institute:l and established within the city of London, that should consist of one Governor, one Deputy-Governor, and twenty four. Assistants ; that they should have authority to hold courts to try and determine ,all matters concerning the business, and to direct and command what should be done on behalf of the Society. This arragement was a practical adoption of the suggestion made by the Commissioners in the preceding month of December. The Company, as it was called, though it was only a Committee appointed by the Common Council, was the Irish Society. It proeeeded to carry into effect the agreement entered into by the Crown, and the members of the Society were so far recognised by the Crown that applications were made to them respecting the plantations. The undertaking con tinued to be carried on by the Company or Society, money continued to be levied, increased taxes and additional rates were mode. In the conduct of it the City ad vanced money to the Society, which was paid, and the power which the City had of committment, was frequently acted on to compel payment of assessments. During this time no Charter had been granted, but the City pro ceeded on the faith that an assessment of the lands would be granted to them. On the .Bth of January, 1612, it was ordered that Mr. William Cockane, the first Governor of the Company, should continue Go vernor until an assurance from the King concerning the plantation should be obtained. The Charter of James was obtained soon after the date of that order, on the 29th of March, 1613 ; and after reciting the King's intentions and that the Mayor and Corporation had laudably under taken a considerable part of the plantation, it proceeded to consolidate the city and town of Derry into one county, to be called the county of Londonderry ; to incorpo rate the city of Londonderry ; to declare that they should have the power of framing laws and ordinances ; that such laws and ordinances should be certi fied under their common seal to th; Governor and Council of the plantation in London, to the in tent that the Society should, within six months after the delivery of the certificate, approve or disapprove of the same. The laws and ordinances were to be valid if confirmed by the Society, but if declared im proper,to be void. The Charter then appointed a mayor,bur gesses, and commonalty, and constituted the Irish Society. After making many regulations respecting the land, it granted to the Irish Society all authority over the land as amply as the King had the same. apparent r ot e d ae e ree r dn et this s taot itn c h l e i k a se r t o e oc r ri ed te) the Irish So r, sor originated ated their with e e tr t hn y emceimmediatelynitt:alntd was terms of the Charter were suggested by the order of the 6th January, 1610. But this made no difference in the effect of the constitution or of the power granted to the So ciety by the charter ; and it was impossible to read and con sider this charter without coming to the conclusion that the power granted to the Society was different from that which would have been vested in mere" private trustees for the benefit of particular undertakers. Many of the powers were of a public and political nature, and considering the charter, with contemporaneous circumstances, his Lordship conceived it must have been understood that the power and estates granted to the So. ciety were given for the purposes of the plantation, and, so far as it was consistent with those purposes, to the benefit of the City of London. The Companies of London were in no way mentioned in the charter, nor did the Crown appear to have noticed them at all. The charter expressly stated that the Society was to make ordinances on behalf of the city of Lon donderry, and it did not appear that the Com pany had arrogated to themselves any authority. On the 24th of June, 1613, it was ordered that the walls, fortifications, &c., in Derry should be raised, in such a manner as tile Committees appointed for the plantations should think fit and direct ; and by a further order, made on the same day, it was directed that some just and worthy Magistrate of the city, accompanied by some Commoner, should be sent into those parts, to take an exact view and account of the whole work of plantation, and every cir cumstance and thing appertaining thereto. Alderman Smithers and Mr. Springham were appointed to go to Ire land, and confer with the Irish Society ; and authority was given them, by the Court of Common Council, to take an exact account of the plantation, and of all the disburse ments and accounts, and generally to do and execute every further act which to them might seem meet for the better ordering and governing, of the plantation ; the charge thereof to be defrayed by the Irish Society, or out of the general stock of the plantation. This order was remark able, as showing the great power which, after the Charter, the City of Lonon exercised over the plantation, as well as the importance attached to the satisfaction which should be given to the Companies. No doubt, it seemed to have been intended that the Society would act according to the sugges tions, views, and orders of the City ; and that they were bound in duty or policy to satisfy the Companies. In No vember, 1613, Alderman Smithers and Mr. Sprangan deli vered their report to the Common Council, which stated that whereas it was generally desired that a decision should be made of all the lands by the several Companies, they had viewed the lands, and enquired into their true value, and that they had made an equal division of them into ,twelve parts, with their best skill and diligence, the form of which division they had brought ; but as to the city of Lon donderry and the 4,000 acres there, and the town of Cole raine and the 3,000 acres there, and the ferries and fishing, they were of opinion that a division of these could not be made ; but that the rents and profits ought to be divided, and go among the several Companies. The report was ap proved and allowed by the Common Council, and that part which related to the division of the lands was almost immediately acted upon. The other parts which stated that the rents and profits of the Crown lands, fer ries, and fisheries ought to be divided, had naturally been much dwelt on on behalf of the plaintiff. It was not only in accordance with the precepts of January, 1610-11, but also that expensive public works were still in progress, that the City was conceived to have the power to levy all such monies as were required, though an income of considerable amount was to be derived from property which was not then to be divided. The division of lands, under the superintendence of the Common Council, took place on the 17th of December, 1613, and each of the twelve Companies had allotted to it one-twelfth part of the land so divided ; and under the ar rangement by which every Company was to diave a share of the divided land, they were to pay a proportionate share for the purposes of the plantation ; and, an order was im mediately made for a further levy of 5,0001, which was to be raised by the several Companies of the City-; and also that conveyances should be made of the lands in such manner as the Committee of the Planta tion should think fit. Complaints - were made on the part of the Crown that the plantations had not pro ceeded according to the conditions, and an intimation was given that the grant might be resumed. Further time was allowed till the last day of August, 1616. In 1615 li cense to hold the lands by mortmain was granted to the Companies, and in the course of the next two or three years following conveyances were made by the Companies to the Irish Society. The conveyances were absolute in some cases, with, and in others without, the reservation of rents to the Irish Society. The Companies of London T.HE SUN, LONDON, MONDAY, NOVEMBER 19, 1838. were thus recognized by the Crown as parties interested as underwriters ; and after this the Companies might be con sidered as entitled to the lands allotted to them, subject to the conditions of plantations, &c., and entitled to all the profits to arise from them. The lands not allotted, together with the ferries and fishings, remained vested in the Irish • Society ; and the City of London, or the Irish Society, were bound for these general and public works, and were supposed to be entitled to levy money on the Companies. Five or six years after the conveyances were male, further complaint was made by the Crown that the conditions of plantation had not been performed. The complaint was laid before the Common Council on the 2d of June, 1624. Several disputes afterwards took place, and in the course of a few years an information was filed in the Star Chamber against the city of London, the Irish Society, and certain individuals. The defendants were charged with deceitfully and improperly procuring the Charter of James, and with a breach of the articles agreed on by the Lords of the Council and the Committees appointed by the City, and with a breach of the trust which the King had reposed in them. It was insisted on by the City that they had nothing to do with the plantations, and that their name was merely used for transacting affairs and l evy i ng money. This was overruled, and te Court imposed up on the city of London and the Irish Society, a fine of 70,0001., and decreed that part of their estates should be surrendered, and brought into Court to be cancelled. Steps were taken for the execution of the decree, and proceedings were commenced against the twelve Companies. Under these circumstances negociations took place for the money between the Crown and the City. The City then offered a compensation of 100,0001. The Crown endeavoured to obtain more ; and the City offered to give up all the fishing and the lands held by the Society and the Company, and all arrears of rent ; and after protracted negociations, a fine was ultimately imposed, and the City agreed to surrender the land, fishing, &c., and pay a sum 0f14,0001. Afterwards, when the City endeavoured to obtain relief from this op pression, and the House of Commons took upon itself to pass resolutions declaring its opinion as to the validity of the judgment of the Star Chamber, it ended in the King being willing to restore the plantation to their former foot ing, and it was proposed to confirm the rights of the Companies by Act of Parliament. He had read all the documents referred to, but was of opinion that the allega tions and admissions used for the purpose of the defence, against attempted extortions under the form of legal pro ceedings, for the purpose of obtaining justice irregularly, ought not to be used as evidence of the rights of the par ties. If some of the allegations were otherwise pr o ved, regard must be had to such proof ; but independent of such other proof, he considered that the allegations and admis sions which were made in the Star Chamber, or which arose out of the sentence there, or any proceedings before. the House of Commons, ought not in any degree to in fluence his judgment. Soon after the Restoration, and on the 10th April, 1662, Charles the Second granted the Charter under which the Irish Society now existed, and under which the title to the estates was derived. It recited the Charter of King James, the grants made by the Society constituted under that Charter, and that the So ciety retained in its hands such part of the tenements and hereditaments as were not defeasible for defraying the charge of the general operations of the plantation ; it further recited the repeal of the Charter, the promise of Charles the First to restore the same, &c. This charter was made for restoring the rights granted under the former Charter, and for the further better settling and planting the country with trade and inhabitants. A lapse of forty nine years, and a change of circumstances, made it necessary that there should be some differences between the clauses in the Charter of 1615 and that of 1662 ; and those differences were sufficient to show that the Charter of Charles 'was framed with considerable care and attention. In the Charter of James there was no mention of the Companies ; but the City, acting under that Charter, had made conveyances to the Companies, and levied money for the general plantation ; and the in tention of the Charter of Charles was to restore the Trials So ciety and the Companies of the City to their former rights ; and after making all allowances for the difficulties which occurred, the Charter of Charles appeared to him to be the resur ation of the Charter of James. They were alike in their general purview, in their object, and the means adopted to carry them into effect. Under the new Charter a new conveyance was made to the Companies, and the Irish So ciety had ever since continued in possession of the lands, ferries, and fishery, and received and applied the rents to its own purpose. It had stated from time to time supplies to be in its hands, and had paid those sums to the twelve Companies, in equal shares. On one occa sion, when money was wanted, the Society applied not to the city of London for further levies, but to the Com panies for voluntary contributions ; and on another occa sion, when it was necessary to make a statement respecting the timber, it stated itself to be seised of the fisheries, &c., in trust for the Companies of the city. The Society had on other occasions stated themselves to be trustees for the Companies ; and there was an instance of their refusing to render any account to the City, and stating themselves to be only accountable to the twelve chief Companies of London. It did not appear to his Lordship necessary to pursue further the history and conduct of the transac tions of the Society. The Society had vested in them, under the early charter, very considerable property, in which they had not collectively or individually, as mem bers of the Society, any beneficial interest ; and they were vested with great power, and had duties to perform iu a sense, therefore, they were trustees. The powers possessed by the S oc i e ty, as we ll as the duti es w ith w hi ch it was ch arge d, h a d a ll o f t h em re f erence to t h e p l antation. d n i d viduals partly it private. imposed V olrile] n Now the obje c t s o f t h e p l antat i on were o f a nature partly y the conditions Crown etr public and treated only political within and which were annexed to the enjoyment of the property be stowed, and the right of the Crown to enforce the condi tion constituted the security to him for the objects con templated ; but when it treated with the City of London. the case seemed to have been different ; it was a grant of powers and privileges which could not be bestowed or individual undertakers. The objects were such as af fected the general welfare of Ireland, and the whole realm. These were the objects of the Crown. Such as affected the general welfare of the City of Londott might be con s tiered as the objects of the City. The Society emanated from the City, and after its incorporation by the Crown appeared only to have been the representative of the City for the purpose of the plantation. The City had con tracted for the performance of the duties, and it was at their instance that the Society-was invested with the pro perty. The . mistaken views which the Society might have taken of its own situation and duties, (lid not vary the conclusions to be deduced from the Charter, and the circumstances contemporary to the grant of the first Charter. The duty to be performed regarded the Crown and the City ; and, through the Com pany, long after the date of: the first Charter, the City exercised great power, not only over the Society, but over the Companies ; and the city, in its corporate charac ter, had no beneficial interest. The money it had advanced was repaid, and its power was like that of the Society—an entrusted power for the objects of the plantation. After a large part of the territory granted had been conveyed to the Company, much remained to be done for the ge neral purposes of the plantation, and that could not -be done without expense. At the time when the power of the City to raise taxation was not disputed, it might not have been thought necessary to reserve any part of the money, and it was reported in 1630 that the profits of the undivided hereditaments might be shared among the Companies. But in 1662, when the charter of Charles was granted, and the power to levy money was no longer claimed, it was recited that the undivided pro perty was retained to defray the general expenses of the plantation. It was char that the general operations of the plantations were not completed when the distribution of lands was made to the Companies. It was strongly urged in the argument that the operations, though not then completed, were long since completed ; and iniconsequence, that the Society be came mere trustees for the Companies ; but he did not think this Court had the jurisdiction to determine the ques tion, whether the general operation of the plantation had been completed or not ; and if it had such power, there did not appear to be any satisfactory evidence on the subject. After having considered the charter, SzFo he was of opinion that the power granted to the Society, and th e t rus t s re p o sed in them, were in part of a general and public nature, independent of the pri vate benefit of the Companies of London, and were intended to benefit Ireland and the City of Lon don by connecting the city of Londonderry and the town of Coleraine with the city of London. The Charter of Charles the Second expressly re cited that the property not actually divided was re tained for the general purpose of the plantation ; and, considering that the powers given to the Irish Society were of a general and public or political nature, that the property was vested towards such general purposes, and that the Compa nies were • • entitleo to any surplus after such purposes were answered, he did not think the Court. could exercise the power of determi n i ng on the ex p en dit ure t o b e ma de. On the whole, his Lordship with costs as against the Irish Society, the City of London, and the Attorney-General ; without costs, as against the other parties. The delivery of the judgment in this case occupied his Lordship nearly an hour and a half. state, that the defendant set up a plea of justification, sup ported by three witnesses, that the plaintiff gave provoca tion by a prior assault, and by abusive language. The verdict was for defendant. The plaintiff now moved the Court in person for a rule nisi for a new trial. He said, "My Lords, 1 had the mis fortune to be plaintiff in this case. I intended to plead my own cause at the trial ; but unfortunately I put it into the hands of counsel, and the verdict was for defendant.— ( A laugh.) Witnesses were produced on the part of defen dant, who swore that I used language so disgusting th a t had I used it I should have deserved to be kicked out of society. My Lord, I put into my brief two letters, which passed between myself and defendant a few days after the transaction, which if they had been read at the trial would have set me right, for the let ter from the defendant does not allege any of that bad lan guage which the witnesses—all dependents of his—swore to before the Jury ; but the letters were not read. The COURT—That was matter of observation perhaps to the Jury. It was no proof. We cannot say the three witnesses were perjured, because in a certain letter defen dant does not state what they afterwards swore to. Plaintiff—The defendant's witnesses also swore to an assault on my part. My Lord, 1 know the I.iw of assault perfectly welt —(A laugh.) I have been in the profession twenty-eight years, and I ought to know it ; and I Should have been mad to attempt a prior assault. I subpoenaed a surgeon, to state the injury I received from the assault, but h e re f use d t o a tt e nd un ess I gave him two guineas. I give hi m one ! an d he did not come till the trial was over. Then, my Lord, the defendant's witnesses all differ as to the exact language used by me. I can't complain of what the L earne d J u d ge sa id o f th a t language. for it was truly disgu s ti ng ; b u t if I h a d b een upon the bench—(Loud laughte r ) —I should have commented upon their discre pancies. COURT—We cannot take the matter out of the hands of the Jury, who have found their verdict upon it, and whom, you, must know, if you have been in the profession twer.ty eight years, the law constitute sole judges in such cases. QUEEN'S BENCH.--THIS DAY. Nothing of any importance whatever. ATTEMPTED ASSASSINATION OF THR DUKE OF NORMANDY. UNION-I-IAL L.—(THIS DAY) Desires _Rousse lle, the man suspected of having made the attempt npon the' life of the Duke of Normandy on Friday night, was brought up to this office by a strong party of the P division of police, by whom his apprehension had been ef fected on Saturday night, at Camberwell. The prisoner is a man about five feet eight inches in height, with prominent features and dark piercing eyes. He was dressed in a dark green Salamanca coat, black waistcoat and trowsers, and Wel lington boots. When he was taken into custody he was con veyed to the station-house on Camberwell-green, and affected much astonishment at the cause of his apprehension. He speaks a little English, but during the whole time he was in the station-house be maintained perfect silence on the subject of the attempted assassination of the Dake of Normandy ; and, indeed, scarcely opened his lips during the period of his incarceration. At half-past one o'clock the prisoner was placed at the bar ,andcuffed. Monsieur Gouan de la Barre was the first witness examined. He stated that he and the Duke of Normandy, and Monsieur La Placci, were together at No. 21, Clarence-place, on Friday night, and that the Duke having occasion to go to the water-closet, left the room with a candle in his hand. Soon after he was gone they heard a loud report of fire-arms, and on going to the garden they found the Duke lying on the ground, close to the water-closet; he exclaimed that he was wounded, and pointed to the end of the garden, saying that the assassin had escaped from that place. On examining the garden, found a plank laid across the ditch, which had not been there before, and which, there was n o d ou h t , was placed to give ingress and egress to the assassin. When the Duke was taken into the house, it was found that he was wounded with a pistol bullet in the left arm, and that the left b reast o f his coat was all torn away, evidently by the force of the ball. Medical assistance being procured, a bullet was extracted from the Duke's arm, where he had been wounded. Mr. JEREMY—How do you connect the prisoner with this affair? Witness—The prisoner called at the house on Wed nesday afternoon, and had inquired for the Duke of Nor mandy. In his interview- with that personage said that he was a blacksmith from Brittany; that he had been condemned in 1834 for taking a leading part in the affair of the Duchess of Berri; that he had made his escape to Switzerland, and that being tired of that place he had come over to this country, and wanted assistance. He was then asked for his papers, but he said that they were at the Custom-house; and when further pressed, said that being an exile he could not return to get them. The prisoner called at the house twice afterwards, and the Duke having had an opportunity of seeing him, stated after he had been shot that the accused was the man who had made the attempt. The investigation was still - going on when our Reporter left. LLOYD'S SHIPPING.-(THIS DAY.) Ri D ve E r A a L n , d N p o r v o . ce l e 7. de — d, lNind S .E the Amy n;S.em Stockdale, —a e down Gater, from the for Africa; 18th, Wind E. S. E., blowing strong, with rain, and thick weather. Arrived and proceeded the Vcnilia, from Shields to Trieste. PORTSMOUTH, Nov. 17.—Wind, E. S. E., fine • 18, Wind E. N. F,,, squally, with rain , f res h breezes.—Arrived the Aux flier, Nicholson, from Quebec in 45 days, for Lynn. On the 3d inst, lat. 48. 45., long. experienced a severe gale atW. N. W., lost one man overboard, and part of deck load, bulwarks, &c., carried away. On the Bth inst. in lat. 49. 30. long. 8. 24., spoke the brig Bellona, of Glasgow, from Milford, three days out; the Dorothea, Watts, from Rotterdam for Monte Video, and proceeded for Cowes. PLYMOUTH, Nov. 17.—Wind E,—Arrived tho Elizabeth, Lawson, from Venice; Lady Rebow, Blyth, from Lisbon. Sailed the William and Robert, Munden, for Newfoundland. PLyntoura, Nov. 16.—Wind variable, light airs, and fine. 17.—Wind E. to E. S. E., strong brestes, with rain--Arrived the Catherine Charlotte, Leto, from Finland. Sailed the p P a e t te ra re s l ; (packet), for Havannah, Belize, and Mexico ; Tyrian (packet), for the West Indies : Redcliff, Vivian, for Malta. LIYERPOOI„ Nov. 17.—Wind variable and light. 18 Wind E . Lucy,S. E . , \ f v re a s i h i a . c — c , A fresh.—Arrived v rr e i d s t the pe ter b Arcturus, urah . Oliver, sailed fr t o h m e Honduras ; Sarah Maria, from Zante : Jasper, Williams, from Fenella, Wakchatn, for Gibraltar ; Scotland, Bl ac k, f or Charleston; Carolina Augusta, Bassett,for New York; Wil liam Gray, Gray, for Oporto; Lord Nelson, Quinton, for Lisbon : Susannah Collings, Crabb, for Constantinople ; Rowena, Read, for Baltimore ; Alert, Mould, for St. Michael's ; Palinurus, Normein, for Jamaica ; Julius Cmsar, Mitchell, for Apalachicola; Dash, Huntress, for Gibraltar; Hindon, M‘Gill, for Calcutta; Firefly, Easher, for Constan tinople; Countess Lonsdale, Miller, for Havannah ; Trinculo, Rea, - for Singapore ; Warrior, Williams. for Leghorn. SHEERNESS, Nov. 18.—Off port, the Treaty, Eleanor, from Adolphus, Croft, Re St. Pctersburgh. MILFORD, Nov. 17.—Arrived the Julia, We man from from Memel. h fr u o s m , Halli D a ntz i c WATERFORD,;Uei°e'NPorv°.scel6r'.—Arrived the Liberator, Angel ; Rapid, Miller ; arid Queen Victoria, from London. CORK, Nov. 16 _Arrived the Sirius, (steamer,) and Fa vorite, Silk, from Lonchp. a l n 7 : — Sw W t7 i s l ho li en a : m is, J D ofrn a d) r ma l t e l y ,s , at ( en s td t ti e n a A m ; Arrived the Britannia, Le G I - cheur, from Rostock ; Albertina, from Memel ; Hero, P a _ Leda, Chapman, from Newcastle, was bur i g h h lL ; l" W N oo o,vl m . res ey, —htßesolution,T into h e thisA ie xyS port,alen i and h , a f vr Varna, having Meme lbeenfrom f a t si to te.n Bridling. Peters burghi n with ceN C ;;: t b , v a riro : 2 e ge' s Coket," was washed on shore at from r b r u o j e im lc lE A , R St.ssflEtry o; JERSEY, c m , pi: cieN. tt Rica;ecrr irrsls.—Arrived :7: .. wrecked on the Shipwash Sand, yesterday ; crew saved. port, is stranded on the island of Wrangel. b t G o o n ut D it , ezo l rE A mn a: st s A T eu, L b: pt e : i h. i s Nov. 16.—A boat marked " Juliana, of FOLKESTONE, Dunge ness on the 14th inst. SHEERNESS, Nov. 17.—The Ann Palmer, from Berwick to London, which was - on shore on the Noreid, has been got off and brought I , lto this harbour. HARWICH, Nov. 18. —The Rochester Castle, Short, from 81)th to Ipswich, has been on shore on the Platters, but pro ceeded. WHITBY, Nov. 16.—The Highlander, Sparrow, arrived here from Quebec, with loss of bulwarks, part of deck load, &c. The Wrestler, Argent, arrived here, from Liver. pool, for Lynn, with l oss o f c h a i n -pl a t es , p ar t o f bulwarks, &c , having been in contact with a vessel. CUXIIAVEN, Nov. I4.—The Coundon, from Stockton to Hamburg, grounded on Scharborn Reef on the 13th inst., and was assisted off after discharging part of her cargo (coals) into lighters, and proceeded. YARMOUTH, NOV. 18 Wind S.W.—The Wharfinger, Buck, from D u bli n to London, which was on shorein the mud in Lymint on Ri ver, was got off, after discharging part of her cargo. port very leak The Reed, A yton, from St. Petersburg.h, put into Baltic The. Dorothea, W a t son , f rom Rotterdam, put into Cowes , Y ; cargo shifted ; bound to Hull . after being on shore ; bound to Monte Video. The Sir 11. Douglas, from Onega to London, is wrecked on the coast of Lapland; crew saved. The Ocean, Bamfield, from Sunderland to London, was wrecked in the middle S win, yesterday, crew saved. THE EARL OF DURHAM.—It has been currently reported in the north, that Lord Durham, on his return from Canada, will put himself at the head of the genuine Reformers of England, and declare his adherence to House hold Suffrage, Vote by Ballot, and Triennial Parliaments. Hull Paper. In consequence of an arrangement recently made between the Post office Administration of the Prince of Tour and Taxis and that of Sweden and Norway, letters from France and French possessions may now be sent to Sweden and Norway post paid or not, at the option of the sender ; but in the former case they can be paid only as far as litinburgh.—"Gakinani's Messenger. COMMON PLEAS. -(THIS DAY.) ROBARTS V. LEMON. This was an action for assault, tried. on Saturday before Mr. Justice Parke, the particulars of which were reported in The Sun of Oat day. It will only tie necessary to re- COURT CIRCULAR. WINDsoa, Nov. 18.--The Queen rode out yesterday afternoon, attended by the ladies and gentlemen of the Court. This morning her Majesty attended Divine service at St. George's Chapel. The following personages were also present :—Her Royal Highness the Duchess of Kent, Colonel and Lady Isabella Wemyss, Hon. Colonel and Miss Cavendish, Hon. William Cowper, Hon. C. A. Murray, Viscount Melbourne, Hon. Miss Cocks, Lady Mary Stopford, Baroness Lehzen, and Lady Barham. The service was Croft's, in A. The Rev. Dr. Goodall and the Rev. It. A. Musgrave officiated at the altar. The ser mon, from 16th Chap. St. Luke, verse 9, was preached by the Rev. R. A. Musgrave., The anthem, " Lord of all power and might," was well sung by Masters Brecon and Bode. Mr. Elvey, Mus. Bac., presided at the organ. Yesterday the Marquis of Conyngham and Sir Henry Wheatley left for town. In the evening Colonel Vandeleur and Lieutenant W. G. Cavendish, of the 10th Hussars, had the honour of dining with her Majesty. Prince Edward of Saxe Weimar arrived at Marlborough House, Pall-mall, on Saturday evening, from a visit to the Duke and Duchess of Cambridge, at their residence at Kew. His Serene Highness left town yesterday morning and embarked on board a steam-packet (the Batavier) for Rotterdam, on his return to the Hague. Despatches fur Canada were sent off on Saturday even ing from the Colonial Office. The Russian Ambassador and the Belgian Minister trans acted business on Saturday, at the Foreign Office. The Right Hon. C. Poulett Thomson arrived at his residence in South Audley-street, on Saturday evening, from Manchester. Viscount Howick has returned to town from a visit to Sir J. Copley, Sprothorough, Yorkshire. Despatches were sent off on Saturday evening from the Colonial Office foi Sir A. Woodford, Lieutenant-Governor of Gibraltar. We be g to call the attention of our read er s t o th e benefit of our old friend Watts, of the Wine Rooms, Sadler's Wells Theatre, which will take place on Tuesday, the 20th instant. Summonses have been issued for the first Cabinet Council to assemble on Wednesday next. All the Cabinet Ministers are expected to be in town before that day. DEATH OF THE JUDGE-ADVOCATE-GENERAL. —We regret to announce the death, which took place on Friday afternoon, at three o'clock,- of the Right Hon. Robert Cutlar Fergusson, her Majesty's Judge Advocate- General, and M.P. for the Stewartry of Kirkcudbright, North Britain. The Duke of Sussex will make his annual visit to Lord Dinorbin, at Kinmell-park, the second week in De cember, where a distinguished party of sporting gentlemen have been invited to meet his Royal Highness, who will not return to Kensington-palace till after the Christmas holidays. Jerome Napoleon Bonaparte, son of the ex-King of Westphalia, by his wife Miss Pattersnn,is at present in Paris. The Commerce says that he was obliged to assume the fa mily name of his mother on receiving permission to make a short stay in the capital. Mr. John Romily has resigned the Recordership of the borough of Ludlow. On Saturday evening the first half-yearly General Meeting of the subscribers and friends of the Marylebone Reform and Registration Association was held in their spacious rooms, Warren-street, Fitzroy-square, for the pur pose of receiving the report of a Committee, setting forth the progress which they had made in advancing the principle of Reform in this great and important borough since their formation, and to adopt such measures as would tend in every way to advance the same. Hunting and other rural sports are increasing, a circumstance highly beneficial to the interior of the country, as it occupies country gentlemen at home in the midst of their tenantry, of whom they are the natural protectors. The weather has been very variable of late, sun shine, rain, snow, and smart frost, having alternately pre vailed. On Monday morning and during the day the cold was intense for this time of the year, and ice was formed on the pools about a quarter of an inch thick, but to-day a favourable change has occurred, and the air is as bland as it was two months ago. Considerable quantities of both oats and beans yet remain unsecured, and a large portion of the potato° crop is still unlifted. A gentleman from this county, who was in Glasgow yesterday morning, in forms us, that so slippery were the streets, owing to the frost, that during his route from the Glasgow Bridge to the head of Jamaica-street, he observed no fewer than twelve horses drawing loaded carts stumble and fall.— Ayr Observer. - THE FOREIGN COAL TRADE.—WC are given to understand, that the coal-owners of the Wear have been induced to come to a resolution to raise the price of steam engine coal for exportation, at the commencement of the en suing year. It is apprehended by many that this alteration will have the effect of driving from this port the valuable foreign coal trade established at much expense by our fitters and brokers ; and that the coal-owners themselves will eventually suffer by the change. Should these apprehen sions prove, on examination, to be well-fousded, it is hoped that the coal-owners will reconsider their determination, before the expected mischief commences. The " Tyne siders" are said to be in great glee about the anticipated alteration.—Sunderland Herald. TILE QUEER DOWAGER.—Account! from Naples of the Ist inst. state that her Majesty the Queen Dowager of England had arrived the day before in that city on board the Hastings man-of-war. The artillery fired a salute in honour of her Majesty. Fifteen court carriages bad been provided to convey her and her suite, composed of 100 per sons, to the Hotel of Victory, her Majesty having declined accepting apartments in the Royal Palace of Chiadamoni The Queen and King of Naples bad reached Palermo. ELECTION OF LORD RECTOR OF GLASGOW UNIVEItSITY.—The election of Lord Rector came on, on Thursday, in the Common Hall of the College. The num bers in the different nations were as follows : Duke of Sussex. Sir J. Graham. Clotiana Rothesayana Transforthana . 35 Loudoniana 39 46 207 277 Majority for Sir James Graham —7 0 —Scots Times. THE WEATHER.-It has been raining in London for the last forty-eight hours, with wind from the East. The Hereditary Grand Duke of Russia arrived at Milan on the 3d instant, and alighted at the Royal Villa, where he was received by the Commander-in-Chief, Count Radetski, and other superior officers, and was shortly, after wards visited by the Viceroy, a compliment which the Grand Duke returned. On the 4th, there was a grand parade in the Place d'Armes ; and on the sth and 6th there were brilliant reviews of infantry and cavalry. The Minister of War addressed, on the sth instant, a circular letter to all the Prefects of the departments, in forming them that after the Ist of December next, the mi litary sub-intendant of Toulon would no longer be au thorised to grant free passage to Algiers o❑ board the Go vernment packets, and that all such applications must here after be forwarded to the Minister, who has reserved to himself the faculty of delivering those permits.—Commerce. It is stated in a letter from Hanover of the Bth inst. that the King intends to persevere in the line of conduct which he has adopted concerning the Constitution, and that he regards the question in the matter as completely set at rest de facto et de jure. There will consequently be pro poses! to the States, at their next meeting, only the Bud get and other financial matters. " It remains, however, to be seen," the writer adds, " whether the States will agree to vote the Budget." By order of the Senate of the Royal University of Upsal, in Sweden, the two large chests which King Gus tavus 111. presented to the University on the Ist of January, 1789, sealed up, and with his desire that they should not be opened till half a century had elapsed, have been brought up from the vaults, and placed in one of the galleries of the establishment, to be opened on the Ist of January next, in the presence of the Prince Royal, who has promised to attend. These mysterious chests are of different sizes, but both are strongly bound with bands of iron. The largest is so heavy that it required four horses to draw it. The Vienna Gazette announces the death, at Ernst brunn, in Lower Austria, of a day labourer, named Dam berger, at the extraordinary age of 130 years. He was born in 1708, at Zierotitz, in Moravia. He served in the time of Charles VI., under Prince Eugene of Savoy. He never married till he was 100 years old, and from July, 1829, was a pensioner on the Emperor's privy purse. HANOVER, Nov. 9.—His Majesty the King will leave us the day after to-morrow for some days. He will go first to Bruaswick, and then take part in a great hunt ing party at Wolfenbuttel. It is said that his Majesty will afterwards go to Gohrde. A newly -erected mansion in Adolphus -street has been bought for his Royal High ness the Prince of Solnas, who is to be appointed Comman dant of Hanover. Another Prince of Solms, the Queen, is e x p ecte d . a nephew of DERBY CORN MARKE I% Nov. 16. We had a dull market for Wheat and Barley ; other Grain was rather brisk. Old Wheat, 803. to 828. ; new ditto, 765. to 80s. ; old Oats, 30s. ; new ditto. 28s. to 303. ; cld Beans, 465. to 483. ; new ditto, 425. ; old Barleb 323. to 345. ; new ditto, 3.55. to 37a, THE MARKETS.-(THIS DAY.) CORN EXCHANGE. In the past week, the arrivals of all descriptions of Grain were moderate, except of Barley, which was good. The trade was generally dull throughout the week, and both Wheat and Barley were Is. to 2s. per quarter cheaper. This morning there has been only a moderate fresh supply of Corn, certainly much less quantity than was expected. The factors all ap peared disposed to endeavour for last Monday's rates for Wheat; and although the sales were Is. to 2s. per quarter lower on most qualities, yet Wheat could not be purchased so well as on Friday last. Barley has met a heavy sale at the decline of Is. to 2s. per qr. from last quotations. Beans are rather dearer, and Pease of both sorts are further advanced 2s. per qr. There is no change in the Oat trade since last Monday, and prices are firmly supported. The supply of Flour has in creased, and the trade was slack last week at former prices. intaczs ON BOARD OF slur. Wheat, Red (old) 643 75s --White (old). ..... 6fia 80s. -Red P 1838) 626. Ms. Fine 68s. 70s. Superfine 725. 745. -White (1838) 64s. 583. Fine 725.74*. Superfine '6s. 783. -Foreign free 60s 806 Ryr 405. 425. Barley 323. 355. - Grinding 305 345. - Malting 35i. 375. Malt 465. 54*. - Fine New 565. 625. Beans, Small (new) 369 38g. (old) 426.44 s Tick (new) 3 ls 36... (old) 355.375. Harrow new) 3.55. 37a.. -- (41d) 405.425, Brank 325.365. Oats, Feed New 225. 265. Poland -_s. —s, New 24s. 28e. Potatee 275.30++. lc.ny 27s. 303 Scotch 275.30; Irish 20s. 22,.268 Pease, Grey, New 365. 3Ss. Maple New 40s. 425. White 445. 4Ss. Boilers 50s. 52s ARRIVALS OF GRAIN IN L Whst.c. B English Irish Foreign .5,410 - SMITHFIELD. Flour Town (per sack) 60:.65r. seconds 544.55 J, N6rth Country 525.554 Bran 9s 10.. )NDON DURING LAST WEEK larley. 1 4Jets. I Picts, £O2 qrs. I 702qrs. I 7,02750cki 7,021 SOI 4,626 brig, Trade generally to-day was dull, and prices of all kinds of Meat except Pork declined 2d. par stone. The supply of Beasts was chiefly from our own growing counties, there being but few fat beasts from the north. Coarse and inferior Beef was 2s. BJ. to 3s. 4d. Other kinds, 3s. Bd. to 4s. 2d. The highest price of Mutton was not more than 4s. Bd. There was but little Veal at Market, but even this could not sell ex cept at a decline. Beef, 3s. 4d. to 4s. 2d. Mutton, 3s. Bd. to 4s. Bd. Veal, 4s. to ss. Pork, 4s. 4d. to ss. 4d.— Beasts, 3,826 ; Sheep. 23,968 ; Pigs, 510 ; Calves, 87. ' BILLINGSGATE MARKET. There were good supplies to-day at market, and a business not particularly brisk. Prices much as on Saturday. Turbot, ss. and 6g. to 21s. ; Soles, 6d. to 2s. 6d. and 3s. per pair ; Lobsters, 10d. to 3s. each ; Cod, Is. 6d. and 2s. to 10s. and 12s. ; Whiting, 3d. to 6d. each ; Haddock, 4d. and sd. to Bd. and 10d. each. BERMONDSEY WATER SIDE POTATOE MARKET. Supplies good on the whole and trade lively, but not so much speculation as there has been—prices showed no variation whatever, up to the time we went to prese, from our quotations of last week. SEED AND HOP MARKET. Rape and Linseed to-day secured a good business ; other descriptions were languid; prices of no sort underwent any alteration. The supply of Hops at market was considerable, but owing to the duty not being fixed, but littlo business done ; prices unvaried. Kent Pockets, 1838, 85s. to 100 s. ; mid. ditto, 110 s. to 1803. ; Sussex; 78s. to 90s. ; East Kent pockets, 1838, 955. to 180 s. ; Kent bags, 80s. to 1255. ; Yearlings, 78s. to 110 s. COLONIAL MARKETS. To-day we had no public sales whatever of Colonial pro— duce, and for the week there is but a very moderate business advertised. For to-morrow it is somewhat con siderable, consisting of 8,200 bags of Manilla Sugar, 4,100 bags of Mauritius, 120 hhds. Barbadoes, and 150 bags Bengal ; 1,725 bags Ceylon Coffee, 1,872 bags East India Pepper, 1,553 bags Saltpetre, and 4 casks Nutmegs. The imports arc light rather than otherwise. NEWCASTLE CORN MARKET, Nov. 17. We had a fair supply of Wheat at this day's market, from the interior, but very little offering coastwise, and the whole met a good demand, at similar rates to last Saturday. Barley fully maintained its value ; indeed, our quotations were rather exceeded for choice samples. Rye also was ls. to 2s. per quarter dearer, and much inquired after at the advanced rates. For Oats we experienced a fair sale at late prices. Malt was the turn higher. Beans and Pease being in limited supply sold at a considerable advance in price. For Flour the sale is dull, and our quotations can with difficulty be realized. New. -"- Wheat, Northurakerland s7i. 775. CS - . 78-.1 Norfolk and Suffolk..... 50,....... 745. SO,. •---- Berwick and Scotch ........ 675. 74s — s. ---- Foreign —s. s —s. —s. Rye, Norfolk Rnd Suffolk .......... 425. 475....... —3. S. -- Foreign s s —s. —B . t e . Barley, Malting, Norfolk and Suffolk... 355. :M.... —s. —3. --- Grinding and Feeding PCPs. 335...... —5. —s. g Malt, Norfolk and Suffolk s6s 60s —s. or Beans, Small —s. —5....... 45$ 433. 0 Tick • Pease, White 47s '4G5..... --s. -- Gray 40s. 445. —s. —s. Oats, Northumberland, Potatoe 2ss. Vs. 27s. SOs. Feed Foreign —s. —s —q. —s..) Flour (per sack) s(s. 60s —s. —s. THEATRES. DRURY-LANE. On Saturday evening a new grand fairy ballet, entitled the Spirit of Air, was produced at this theatre, and met with the most signal success. Its heroine, " the Spirit of the Air," Azurine (Mdlle. H. Eisler), the daughter of the Queen of the Genii (Miss Somerville), in obedience to the will of the Fates, is to descend to the earth, and, for a pe riod of probation, be exposed to the seductions of mankind. Accompanied by way of " Mentor" by Aquilo (the North Wind) ( Wieland), after sundry leave-takings, they depart from her mother's celestial abode on a cloud, via rainbow —the " railroad or the sky," and, after a storm of thunder and lightning, they are seen to descend in Normandy, near the dwelling of Thionville (Mr. Gilbert), which she enters by the open window, and, being fatigued by her journey, seeks repose upon the bed which he has just risen from. During her sleep soft music is heard, part of the wall opens, and through the aperture the Queen and Sylphides gently descend. The Sylphides retire on the approach of Thion ville, who had been out shooting, and returns in dudgeon at his ill-success. He perceives Azurine, whom he gazes upon with amazement, and awakens her by firing his gun through the window. After the expression of their mutual surprise. Thionville is supposed to make some inquiries, " such as the supernatural ap pearance of his visitor would Puggest," and " this," as the programme states, " leads to a grand pas de deux," at the end of which he presumes to offer her a kiss, which Azurine, with a modesty becoming so slight an ac quaintance, very properly declines ; but in the struggle she unconsciously drops her talisman, and then escapes, as she comes in by the window, whilst Thionville, in his attempt to follow her, is blown down by her attentive Mentor, Aquilo, in which situation he is discovered by his mother, who persuades him that all he tells her to'have happened is but a dream, which he is himself inclined to believe it was, until assured of the reality of what has transpired by his finding the talisman. His mother here introduces to him Beaujeu, a farmer, and his fair daughter Guillelmine (Ma dame Giubilei) as his future partner for life, and the parents propose to hasten the marriage, to which Thionville, ab sorbed in thought, seemingly offers no objection, and here is introduced une valse Normaudc, which was encored, being very cleverly executed by Master and Miss Marshall. Aquilo endeavours to obtain from Tnionville her lost ta lisman by force—the villagers come to his assistance, but they are blown back in all directions. Aquilo seizes Thion villa, and flies up with him, but lie is ordered to desist by Azurine, who appears through the opening in the wall, and here the first act concludes with a striking tableau. The second and concluding act commences with Azurine and Aquilo meditating on the loss of the talisman, and the best mode to regain it, and are interrupted by the arrival of Beaujeu and Guillelmine, and a host of villagers who are about to celebrate an entertainment in which Thionville, though still abstracted, executes with Guillelmine " a cha racteristic dance," which was greatly applauded, followed by a well-arranged pas general de caractere, performed by the villagers. Aquilo, ahnoyed at their enjoyment, dis perses them, and afterwards, in the guise of a hermit, en • deavours, by inducing Thionville to drink, to obtain from him the lost talisman ; but the latter, seeing through his stratagem, evades it, and instead, learning from Aquilo what constitutes the value of the charm, snatches it from his bosom, and tramples upon it. Azurine, on its destruction, becoming susceptible of love, is led on in chains by Cupids, who dispossess her of her wings, and thus o f h er i mmorta li ty . Thi onv ill e eager y removes her chains, and the scene changes to the " Abode of the Spirit of Air," discovering the Queen of the Genii a n d h er a tt en d an t Sylph s , who, yielding her daughter to the destinies she prefers, changes the cottage into a palace, unites the lovers and bids them leal farewell — herself and suite winging their way back to the regionc;—presenting, by way of conclusion,fble 01. a grand and imposing t a bl eau . Such is the plot or the present •e have seen others, transcended it. The novelty. It has been got up with considerable taste and splendour, but in these particulars o at this establishment, which ha ve music, by Mr. Eliason, is for the most part of a very graceful and pleasing , as t:ell as effective character. HAYMARKET. After the performance of Saturday night of the Maid of Mariendopt, a new farce by Mr. Haynes Bayly, called Mr. Green fi n ch, was produced at this theatre. Broad in cidents, broad jokes, and slender wit, assign this produc tion its place amongst things dramatic, to be laughed at - once and forgotten for ever. The actors made the most of their materials—Strickland gave a faithful common-place picture of the genus old bachelor, while Buckstone and Mrs. Glover exemplified, most edifyingly, the vulgar habi tudes of domestic dissension. Mrs. Fitzwilliam, with her good-humoured face, did all she could to hold up a house keeper in terrrorenz ; and Mrs. F. Matthews was very natu ral and amusing in personating a lively, malapert, loqua cious maid of all work. Greenfinch was very successful with the audience, and, amidst a good deal of laughter anti applause, was announced for repetition.